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CASE BRIEF : Phonographic Performance Ltd. vs. Union of India & Ors.

Facts: The Petitioner, Phonographic Performance Ltd., a company registered under the Companies Act, 1956, was a registered copyright society. It had assigned the copyright in various sound recordings for communication to the public in the area of public performance and broadcast, through which it owned/controlled the public performance rights of more than 350 music companies with 3 million international and domestic sound recordings. It provided a single window for various parties seeking a license for authorised use of sound recordings.…

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Business of Issuing Copyright Licenses can be carried out by Copyright Societies “only”

Novex Communications v. DXC Technologies & Anr. Decided by: Madras High Court Decided on: 08.12.2021 Facts of the Case The Plaintiff was involved in a business of protecting the copyright for sound recordings – in the capacity of an assignee, or an agent of the copyright holders. In order to do so, the Plaintiff had entered into various agreements with the holders of the copyrights, and had obtained several rights related to the sound recordings – in particular, the rights for the…

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amazon Kindle India non compliance on FDI law

Kindle eBooks, Amazon and Business of Licensing: Section 33 Non-Compliance?

Over the years, the copyright law was amended several times to achieve different objectives ranging from inclusion of new works and rights to protecting interests of authors. One of the amendments to Indian copyright law in 1994 related to creating an exclusive business zone for copyright societies, whose objective is to manage works of authors, publishers and owners and facilitate ease of licensing and royalty sharing. The amendment provided in Section 33 of the Copyright Act that only copyright societies…

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Defacto Copyright Societies

  Prashant's recent post on Copyright Societies in India is lucid and instructive like many of his other writings. You may read his post and those related to it on Spicy IP, and may also consider going through the chapter in the book he references. The phrase "Defacto Copyright Societies" he uses in his post caught my attention, and therefore, this quick note. In my opinion, the Copyright Amendment is more discriminatory than revolutionary. It gives undue importance and rights to…

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